FUNCTIONS OF EXECUTIVE DIRECTOR This bill expands the functions of the executive director of the district attorneys general conference by requiring that the executive director provide legal counsel and advice to district attorneys general and their staff. However, such counsel and advice can also be provided by attorneys employed with the district attorneys general conference. Legal counsel and advice that is given under this bill, including documents or other communications made in connection with the legal counsel or advice, is confidential, privileged, and not public records. Additionally, all communications and documents made confidential under this bill are not open to public inspection, examination, or copying except in accordance with a valid and final court order as provided by law. MEETINGS OF CONFERENCE This bill expands the purpose of the meetings of the district attorneys general conference by requiring all meetings to be subject to the open meetings provisions of law. However, the conference executive committee and the finance and audit committee can hold confidential, nonpublic executive sessions but only to discuss (i) items deemed not subject to public inspection under law and all other matters designated as confidential or privileged, (ii) litigation, (iii) audits or investigations, (iv) information protected by federal law, and (v) matters involving requests, information, investigations, proceedings, or prosecutions conducted by a district attorney general pro tem. This bill provides that if there is a meeting regarding matters open to the public and confidential matters, all business relating to public subject matter must be discussed first and at the end of that discussion, the chair is to announce that the public portion of the meeting has been concluded and that the remainder of the meeting will concern confidential matters and the public will be dismissed so that the remainder of the meeting can proceed. ACTING DISTRICT ATTORNEY GENERAL Under present law, and with the consent of the district attorney general, the executive director, chief executive officer, the attorney general can specifically appoint others that are described in the bill to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district. This bill clarifies that the following proceedings may also be so conducted: actions for removal of officers; quo warranto actions; actions for abatement of nuisance; forfeiture actions; actions pursuant to the Post-Conviction Procedure Act; actions related to the regulation, care, and maintenance of cemeteries; and any other proceedings.

Statutes affected:
Introduced: 8-7-309(a), 8-7-309, 8-7-302, 8-7-106(b), 8-7-106